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Intellectual Property Rights and Computer Technology: Ethical and Social... J.M.Kizza

This document discusses intellectual property rights as they relate to computer technology. It covers various types of intellectual property protection including copyrights, patents, trademarks, and trade secrets. It describes what types of computer products and services can be protected and how ownership of intellectual property is established and protected legally. The challenges of proving infringement of different types of intellectual property rights are also examined.

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Tolosa Tafese
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49 views

Intellectual Property Rights and Computer Technology: Ethical and Social... J.M.Kizza

This document discusses intellectual property rights as they relate to computer technology. It covers various types of intellectual property protection including copyrights, patents, trademarks, and trade secrets. It describes what types of computer products and services can be protected and how ownership of intellectual property is established and protected legally. The challenges of proving infringement of different types of intellectual property rights are also examined.

Uploaded by

Tolosa Tafese
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Intellectual Property Rights

1
and Computer Technology
Chapter 6

Ethical and Social...J.M.Kizza


2 Intellectual Property Rights and
Computer Technology
 Computer Products and Services
 Instruments of Protection
 Ownership
 Infringement
 Protection of Ownership Rights
 The Legal Protection of Computer Software

Ethical and Social...J.M.Kizza


3 Computer Products and Services

 Computer products
 Have a tangible form
 Have intrinsic value
 Computer services
 Have intrinsic value
 Have no tangible form

Ethical and Social...J.M.Kizza


4 Computer products and services…

 Computer software
 A set of logical instructions in four forms:
 Logical map
 Source code
 Object code
 Executable code
 Has two forms
 Product
 Service
 May not have a tangible form

Ethical and Social...J.M.Kizza


5 Computer Products and
Services…
 Computer software categories:
 CANNED- off-the-shelf software
 Designer software – ordered by the customer
 Mixed – designer/canned
 If it is canned – it is a product
 If it is designer ordered – it is a service
 Otherwise a mixed case.

Ethical and Social...J.M.Kizza


6 Foundations of Intellectual Property Rights

 Software is protected by Copyrights


 Rights enforceable by law
 Accorded to an artist, inventor/creator
 Should be an expression or creative works
 Literary, dramatic, musical, pictorial, graphics, artistic,
audiovisual, architectural, or sound recording.
 The protected works must have:
 Tangible form
 Originality
 Fixation in a medium

Ethical and Social...J.M.Kizza


7 Foundations of Intellectual Property Rights

 Copyrights are now universally accepted


 International enforcement conventions include:
 WIPO- world intellectual property organization
 UNESCO
 UCC- universal copyright convention
 WTO – World Trade Organization
 Once a copyright expires the work goes in
public domain

Ethical and Social...J.M.Kizza


8 Foundations of Intellectual Property Rights

 Public works include:


 Non-copyrightable items
 Ideas, facts, schedules, names, etc..
 Copyrightable items
 Copyrights have expired
 Copyrightable works put in public domain by
author

Ethical and Social...J.M.Kizza


9 Foundations of Intellectual Property Rights

 Duration of copyrights:
 Depends on country
 U.S.
 Prior 1978
 75 years from date of issue
 After 1978
 lifetime of author plus 50 years

Ethical and Social...J.M.Kizza


Foundations of Intellectual Property Rights
10

 Patents
 Protection of inventions and discoveries
 Requirements
 New and useful
 Improvement of any of the following:
 Process
 Manufacturing ( products that are not machines)
 Machines (covering mechanism, mechanical products & composition)
 Utility
 Novelty
 Nonobvious
 No disclosure.
 Protection duration in U.S. is 17 years
Ethical and Social...J.M.Kizza
11 Foundations of Intellectual Property Rights

 Trade Secrets
 Information gives company competitive
advantage
 No one specific definition of trade secrets
 Collection of information
 Static format
 Strategic importance

Ethical and Social...J.M.Kizza


12 Foundations of Intellectual
Property Rights
 Trade Secrets
 Duration is infinite if no disclosure
 The following characterize trade secrets
 Extent the information is known outside the business
 Extent of measures taken to protect the trade secrets
 Value of information to the owner
 Amount of money spent by owner to develop the
information
 Ease/difficulty of acquiring such information

Ethical and Social...J.M.Kizza


13 Foundations of Intellectual Property Rights

 Trademarks – product identifying labels


 Include:
 Service marks
 Certification marks
 Collective marks
 Characteristic of trademarks include
 Arbitrary marks (say nothing but used for service)
 Suggestive marks (symbols and writings)
 Descriptive marks (intended purposes)
 General marks (unrelated and not suggestive)
 Duration of trademarks in U.S. is 10 years

Ethical and Social...J.M.Kizza


14 Foundations of Intellectual Property Rights

 Trademarks are registered in U.S. if


they:
 Are in good taste for the public
 Have no suggestive connotations to their
origin
 Are not symbols of any recognizable country
 Do not use people’s likeness without
permission
Ethical and Social...J.M.Kizza
15 Foundations of Intellectual Property Rights

 Personal Identity
 Identity theft is a crime committed
 A person misrepresents oneself
 Intent
 Get the victim’s information
 Perpetrator can get goods & services in the
victim's name.
 One of the fastest growing crime

Ethical and Social...J.M.Kizza


16 Foundations of Intellectual Property Rights

 Identity theft techniques


 Advertising
 Newspapers
 Internet
 Most common technique - pretext calling,
 People misrepresent themselves
 Law enforcement agents
 Social workers
 Potential employers
 Goal - obtain the private data
 Sources of directions
 How-to books
 Discussion groups
 Internet

Ethical and Social...J.M.Kizza


17 Foundations of Intellectual Property Rights

 Techniques steal personal identity include


 Telemarketing
 Fake Identifications
 Dumpster diving
 Going through trash
 Post office to redirect mail
 Eavesdropping
 Social engineering
 Prevention
 Personal awareness
 Education

Ethical and Social...J.M.Kizza


18 Ownership

 Novel idea
 Original, authentic, and new
 Inventive and creative
 Come from individual
 Sources of substantial benefits to individuals and the public

 Useful
 Put into utilizable form - process or application.

 Ideas are in public domain


 Making them utilizable creates ownership

Ethical and Social...J.M.Kizza


19 Infringement

 Using intellectual property rights without permission


 There are three types of infringements:
 Direct (full knowledge)
 Inducement
 Contributory
 Copyrights infringement: difficult to prove
 Infringer has knowledge or visual contact with the work.
 Individual claiming to be the owner has a valid copyright.
 Work under dispute is a major revision
 Substantially new contents versus a variation
 Patent and trademarks infringements: difficult to prove

Ethical and Social...J.M.Kizza


20 Infringement

 Trademark infringement:
 Prove beyond doubt
 Infringer’s action was likely to confuse the public.
 Trade Secrets. Even more difficult.

Ethical and Social...J.M.Kizza


21 Protection of ownership rights
 As owner/author of a creation, you’re protected by:
 Copyrights
 Patents
 Trademark
 Trade secrets
 Burden of safeguarding intellectual property rights – owner
 Methods vary
 Spying
 Using hired operatives
 Inspection
 Use of enforcement agencies
 Use of government (big companies)
Ethical and Social...J.M.Kizza
22 First Sale Doctrine

 Copyright owner distribution rights


 Sale
 Transfer of ownership
 Rental
 Release
 Fair Use Doctrine
 Balance
 Protection of inventor/creator & benefits to the community
 Four ways to judge is fair use
 The purpose of use, commercial or educational
 Nature of use
 Percentage of use
 Effect on commercial value

Ethical and Social...J.M.Kizza


23 Protection of ownership rights…

 Property Rights Laws based on types


 Copyrights
 Country dependent
 Right to use, transform, sale, copy, and modify
 Patents: country dependent
 Trademarks: state and country dependent
 Trade secrets
 Country
 States
 Local authority

Ethical and Social...J.M.Kizza


24 Ethical Issues in the Digital Age

 Piracy
 Right of owner
 Internet influence

Ethical and Social...J.M.Kizza

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